S T A T E O F N E W Y O R K
________________________________________________________________________
1292
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
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Introduced by Sens. MONTGOMERY, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON,
KRUEGER, ONORATO, SAMPSON, SCHNEIDERMAN, SERRANO, THOMPSON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Children and Families
AN ACT to amend the family court act, in relation to requiring attend-
ance of parents and other persons legally responsible at counseling in
certain instances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 302.1 of the family court act is amended by adding
a new subdivision 3 to read as follows:
3. THE COURT SHALL HAVE JURISDICTION OVER THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE RESPONDENT FOR THE LIMITED PURPOSE OF
REQUIRING AND SECURING THE ATTENDANCE OF SUCH PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE AT ANY COUNSELING FOR THE RESPONDENT PURSUANT TO
PART FIVE OF THIS ARTICLE.
S 2. The family court act is amended by adding a new section 353.7 to
read as follows:
S 353.7. COUNSELING; PARENT OR OTHER PERSON LEGALLY RESPONSIBLE. THE
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A PERSON SUBJECT TO AN
ORDER PURSUANT TO THIS PART SHALL ATTEND ANY AND ALL COUNSELING TO WHICH
SUCH PERSON IS REQUIRED TO ATTEND PURSUANT TO SUCH ORDER. WHEN MAKING
SUCH AN ORDER, THE COURT SHALL CONSIDER AND TAKE ACCOUNT OF SUCH PARENT
OR OTHER LEGALLY RESPONSIBLE PERSON'S LEGITIMATE RESPONSIBILITIES,
INCLUDING BUT NOT LIMITED TO EMPLOYMENT RESPONSIBILITIES AND ACTIVITIES
RELATING TO OTHER CHILDREN IN HIS OR HER CARE.
S 3. Section 713 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
S 713. Jurisdiction. The family court has exclusive original jurisdic-
tion over any proceeding involving a person alleged to be a person in
need of supervision. THE FAMILY COURT SHALL ALSO HAVE JURISDICTION OVER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05556-01-9
S. 1292 2
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A PERSON ALLEGED TO
BE A PERSON IN NEED OF SUPERVISION FOR THE LIMITED PURPOSE OF REQUIRING
AND SECURING THE ATTENDANCE OF SUCH PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE AT ANY COUNSELING REQUIRED PURSUANT TO PART FIVE OF THIS
ARTICLE.
S 4. The family court act is amended by adding a new section 756-b to
read as follows:
S 756-B. COUNSELING; PARENT OR OTHER PERSON LEGALLY RESPONSIBLE. THE
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A PERSON SUBJECT TO AN
ORDER PURSUANT TO THIS PART SHALL ATTEND ANY AND ALL COUNSELING TO WHICH
SUCH PERSON IS REQUIRED TO ATTEND PURSUANT TO SUCH ORDER. WHEN MAKING
SUCH AN ORDER, THE COURT SHALL CONSIDER AND TAKE ACCOUNT OF SUCH PARENT
OR OTHER LEGALLY RESPONSIBLE PERSON'S LEGITIMATE RESPONSIBILITIES,
INCLUDING BUT NOT LIMITED TO EMPLOYMENT RESPONSIBILITIES AND ACTIVITIES
RELATING TO OTHER CHILDREN IN HIS OR HER CARE.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.